Congress can refuse to seat Murphy thus forcing a new special election.
If Gingrich were speaker Murphy would never be allowed to take a seat but with Boehner as speaker, that wont happen.
I would have thought that, but Newt is saying this.
Gingrich on Romney’s ‘gifts’ comments: ‘It’s nuts’
http://www.freerepublic.com/focus/f-news/2960919/posts